§ 11.2.5 Proper Form and Proof of A Fee Application.

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§ 11.2.5 Proper Form and Proof of A Fee Application. ARCAP 21(b)(2) requires the statement of the amount claimed for attorneys’ fees to include “any factors relevant to a decision to award fees and the determination of a reasonable fee.” Counsel also must submit an “itemized statement of fees” indicating:

(A) The dates on which each person for whom fees are claimed performed services;

(B) The time each person expended for each task on each date;

(C) A description of the service;

(D) The identity of the person performing the service; and

(E) Whether the fee is fixed or contingent, and if hourly, the applicable rate for each person.

Id. The requirements of ARCAP 21(b) also are applicable to special actions. See RPSA 4(g).

ARCAP 21 previously required the foregoing information to be part of an affidavit. See ARCAP 21(c) (2014). The 2015 amendments omitted any reference to an affidavit. See ARCAP 21(b)(2) (2015). However, because the material in a fee application likely will not already be a part of the record on appeal, submitting this...

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